EC acts to close gaps in employment equality rules
The EU Commission has sent reasoned opinions to 10 Member States requiring them to implement fully EU rules prohibiting discrimination in employment and occupation on the grounds of religion and belief, age, disability and sexual orientation.
The problem areas are as follows:
(1) National legislation is limited in terms of the people and areas it covers, as compared to the Directive (for example: lack of protection in access to self- employment).
(2) Definitions of discrimination which diverge from the Directive (in particular, in terms of indirect discrimination, harassment and instructions to discriminate).
(3) Lack of proper implementation of the obligation for employers to provide reasonable accommodation for disabled workers.
(4) Inconsistencies in the provisions designed to help victims of discrimination (such as the shift of the burden of proof, the rights of associations to assist individuals with their cases, and the protection against victimisation).
The Commission is preparing a report on the implementation of the Employment Equality Directive in the European Union, which is due to be published in the first half of 2008.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
